sought to prohibit
discrimination on the basis of sex, recognising that sex
discrimination is a historical fact and needs to be addressed.
The Constitution-makers ... prohibit any discrimination and
guarantee to all persons equal and effective protection against
discrimination on any ground such as race, colour, sex,
language, religion, political
Articles 15(1) and 16(2) contain
prohibition of discrimination on the ground of sex.
5. The respondent before us has submitted that
if Article ... State.
According to the respondent this would amount to
discrimination on the ground of sex in public
.
employment or appointment to posts under the State
sought to prohibit
discrimination on the basis of sex, recognising
that sex discrimination is a historical fact and
needs to be addressed. The Constitution-
makers ... gathered, gave emphasis to
the fundamental right against sex discrimination
so as to prevent the direct or indirect attitude to
treat people differently
above definition shows that sexual
harassment is a form of sex discrimination
projected through unwelcome sexual advances,
request for sexual favours and other verbal
sex and women will not be
deliberately selected for less favourable treatment
because of their sex. It is on this "but-for-sex ... with question of
discrimination held as under:-
"7. Coming now to the challenge to discrimination on
the ground of sex, Article
Article 15 of the Constitution of India explicitly prohibits
discrimination on the ground of sex. Further, under sub clause (3),
the Constitution empowers the State ... clause (2), of the
Constitution of India prohibits discrimination, on certain grounds;
one being sex, among citizens in the matters of public
employment, and provides
what
constitutes discrimination against women and sets up an
agenda for national action to end such discrimination.
(emphasis supplied)
The Convention defines discrimination against
women ... facet of that right is the principle of non
discrimination on the ground of sex which is embodied in
Article 15(1) of the Constitution
extracted hereunder:
"15. Prohibition of discrimination on grounds of religion, race,
caste, sex or place of birth:
(1) The State shall not discriminate against ... sex, descent, place of birth, residence
etc. But, the word „sex‟ is not defined, it relates to the biological
make up of a person. Sex
State.'
21. Article 16(2) of the Constitution prohibits discrimination
only on sex but clause (3) of Article 15 enables the State to
make ... Constitution read together
prohibit direct discrimination between members of different
sexes if they would
field and includes all forms of
discrimination and denial of reasonable
accommodation”
91. Section 2(h) prohibits discrimination
on the basis of disability ... 17706 of 2021
regarding sex would not be distinguishable
from discrimination solely based on sex. The
relevant extract of the opinion is reproduced
below
